Barnett v. Bank of Commerce

Opinion op the Court by

Morris, Commissioner

Reversing.

We had before ns in 1934 the appeal of the Bank of Commerce v. Howard et ah, in which this court decided adversely to the claim of appellees therein. The bank had sued Eliza and L. D. Howard on a note for $11,850, payment of which was secured by a mortgage on certain Breathitt county lands. The Howards sought a cancellation of the note because of alleged fraud, and also charged that the note was loaded with a large amount of usury. This court held that the lower court liad ruled erroneously on the charge of fraud and sent it back with…